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(영문) 서울북부지방법원 2020.10.15 2020가합302
대여금
Text

The Defendants jointly and severally against the Plaintiff KRW 160,00,000 out of KRW 315,366,120 and the said money, and Defendant B on March 17, 2020.

Reasons

1. The assertion and judgment

A. According to the purport of Gap evidence Nos. 1 and 2 as a whole and all pleadings, the plaintiff lent KRW 160,000,000 to defendant B on February 18, 2016, and "the date of repayment shall be May 31, 2016, and the payment of interest calculated at the rate of 2% from June 1, 2016," and "the letter of acceptance of debt and the letter of performance" shall be construed as "the letter of acceptance of debt of this case".

(2) From February 18, 2016, to May 31, 2016, the date of the instant loan approval and performance letter, the interest rate of 11,36,120 won = 160,00 won per annum 160,000 x 25% per annum x 104/366 days per annum x 204/366, and ③ from June 1, 2016 to February 29, 2016, the Defendants are jointly and severally and severally liable to pay to the Plaintiff KRW 14,00,000 per annum 25% per annum from May 31, 2016 to May 31, 2016 to KRW 30,000, KRW 160, KRW 3600 per annum x 60, KRW 360, KRW 160, KRW 60, KRW 160, KRW 360, KRW 460, per annum 60.

B. The Plaintiff sought payment of interest or delay damages calculated by 2% per annum from June 1, 2016 of the debt amount of KRW 320,000,000 as indicated in the instant debt approval and performance note, but the above KRW 320,000,000 as to the loan principal of KRW 160,000,000 exceeds the maximum annual interest rate of 25% per annum as stipulated in the Interest Limitation Act from February 18, 2016 to May 31, 2016, since the Plaintiff sought payment of interest or delay damages calculated by 25% per annum.

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